LSB2605 | 100% CORRECT LEGAL MEMOS | STUDENT DISCIPLINE,
NEGLIGENCE, SPED & SGB | UNISA 2026
UNIVERSITY OF SOUTH AFRICA
DEPARTMENT OF LAW
LSB2605
LEGAL ASPECTS OF EDUCATION
SAMPLE LEGAL MEMORANDA
CONTENTS:
MEMO 1 — Student Discipline & Suspension Rights
MEMO 2 — Teacher Negligence & Duty of Care
MEMO 3 — Learner with Disabilities — Inclusive Education
MEMO 4 — School Governance — SGB Powers & Limits
LEGAL MEMORANDUM
MEMORANDUM NO. 1
Student Discipline: Suspension and Procedural Fairness
TO: The Principal, Thuto-Lesedi Secondary School
, FROM: Legal Advisor, Gauteng Department of Education
DATE: 20 March 2026
RE: Lawfulness of Tebogo Mokoena’s Indefinite Suspension
MODULE: LSB2605 — Legal Aspects of Education
CLASSIFICATION: Confidential — Legal Advice
1. FACTS
Tebogo Mokoena, a Grade 11 learner at Thuto-Lesedi Secondary School, was found in
possession of cannabis on school premises on 10 March 2026. The principal suspended
Tebogo indefinitely pending a formal disciplinary hearing. No written notice of the
suspension was given to the learner or his parents. The parents have now approached
the Legal Aid Clinic seeking advice on whether the suspension is lawful.
2. LEGAL QUESTION
Whether the indefinite suspension of Tebogo Mokoena, without written notice or
observance of procedural fairness, is lawful in terms of applicable South African
education law.
3. APPLICABLE LAW
The following legislation and constitutional provisions are applicable:
• Constitution of the Republic of South Africa, 1996 — sections 29 (right to basic
education) and 33 (right to administrative justice).
• South African Schools Act 84 of 1996 (SASA) — sections 8 and 9 read with
the Code of Conduct.
• Regulations for Safety Measures at Public Schools (GN R1209 of 2001).
• South African Schools Act: Regulations pertaining to the Suspension or
Expulsion of a Learner (GN R1183 of 1998).
• Promotion of Administrative Justice Act 3 of 2000 (PAJA).
NEGLIGENCE, SPED & SGB | UNISA 2026
UNIVERSITY OF SOUTH AFRICA
DEPARTMENT OF LAW
LSB2605
LEGAL ASPECTS OF EDUCATION
SAMPLE LEGAL MEMORANDA
CONTENTS:
MEMO 1 — Student Discipline & Suspension Rights
MEMO 2 — Teacher Negligence & Duty of Care
MEMO 3 — Learner with Disabilities — Inclusive Education
MEMO 4 — School Governance — SGB Powers & Limits
LEGAL MEMORANDUM
MEMORANDUM NO. 1
Student Discipline: Suspension and Procedural Fairness
TO: The Principal, Thuto-Lesedi Secondary School
, FROM: Legal Advisor, Gauteng Department of Education
DATE: 20 March 2026
RE: Lawfulness of Tebogo Mokoena’s Indefinite Suspension
MODULE: LSB2605 — Legal Aspects of Education
CLASSIFICATION: Confidential — Legal Advice
1. FACTS
Tebogo Mokoena, a Grade 11 learner at Thuto-Lesedi Secondary School, was found in
possession of cannabis on school premises on 10 March 2026. The principal suspended
Tebogo indefinitely pending a formal disciplinary hearing. No written notice of the
suspension was given to the learner or his parents. The parents have now approached
the Legal Aid Clinic seeking advice on whether the suspension is lawful.
2. LEGAL QUESTION
Whether the indefinite suspension of Tebogo Mokoena, without written notice or
observance of procedural fairness, is lawful in terms of applicable South African
education law.
3. APPLICABLE LAW
The following legislation and constitutional provisions are applicable:
• Constitution of the Republic of South Africa, 1996 — sections 29 (right to basic
education) and 33 (right to administrative justice).
• South African Schools Act 84 of 1996 (SASA) — sections 8 and 9 read with
the Code of Conduct.
• Regulations for Safety Measures at Public Schools (GN R1209 of 2001).
• South African Schools Act: Regulations pertaining to the Suspension or
Expulsion of a Learner (GN R1183 of 1998).
• Promotion of Administrative Justice Act 3 of 2000 (PAJA).
